AdamB4 (Mississippi)
Posts: 1
Posts: 1
Posted:
Shouldn’t the board members be homeowners in the subdivision? What should be done if board members came in under false pretenses?
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Started by AdamB4 • 2 replies • 715 views
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BenA2 (Texas)
Posts: 1,273
Posts: 1,273
Posted:
They usually are homeowners but it depends on your governing documents. If your HOA requires that the board members be homeowners in the subdivision and someone on the board is not, then I would say they are, in fact, not board members and the board should appoint someone to replace them. At minimum, I would demand their resignation, although I don't think it is necessary.
If the person is refusing to acknowledge not being eligible to serve, you could go through a recall process if your governing documents or state code allows it.
I'm not sure that the false pretenses would change anything except that it may be a crime, although I doubt it. The crime is usually obtaining something of value by false pretenses. I'm not sure being on the board is something of value. Every state has different laws though.
If the person is refusing to acknowledge not being eligible to serve, you could go through a recall process if your governing documents or state code allows it.
I'm not sure that the false pretenses would change anything except that it may be a crime, although I doubt it. The crime is usually obtaining something of value by false pretenses. I'm not sure being on the board is something of value. Every state has different laws though.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Adam,
The initial set of documents will typically allow anyone to serve on the board. This is because the developer will appoint business acquaintances or friends to the initial board while the lots are being developed and the homes are sold. If the documents are not amended, then that language would remain and anyone could serve.
Keep in mind that amending the documents to members only can prevent some good people from serving. For example: spouses of members who are not listed on the deed and adult children of members who are still living at home.
The initial set of documents will typically allow anyone to serve on the board. This is because the developer will appoint business acquaintances or friends to the initial board while the lots are being developed and the homes are sold. If the documents are not amended, then that language would remain and anyone could serve.
Keep in mind that amending the documents to members only can prevent some good people from serving. For example: spouses of members who are not listed on the deed and adult children of members who are still living at home.
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